MANGAL RAM KUNJAM Vs. RAJENDRA KUMAR SONI

JUDGEMENT

(1.) This Appeal has been preferred by Plaintiff No.1-Mangal Ram Kunjam under Section 100 of the Code of Civil Procedure, 1908 (for short 'the CPC') questioning the legality and propriety of the judgment and decree dated 10.04.2006 passed by the Second Additional District Judge, Durg, in Civil Appeal No.39-A/2003 by which, the lower appellate Court, while affirming the judgment and decree dated 09.07.2003 passed by the 1st Civil Judge, Class-II, Durg in Civil Suit No.2-A/2002, has dismissed the Appeal.

(2.) Shri Sourabh Sharma, learned Counsel for the Appellant submits that the judgment and decree as passed by the Courts below dismissing the suit by holding that Plaintiff No.3-Kartik Ram Gond was not the owner of the property in question is apparently contrary to law. He submits further that the deed of sale executed on 27.11.2000 is admittedly an unregistered document and no right, title or interest would confer upon Defendant No.2-Geeta Devi, however, without considering the said document in its proper manner, the Courts below erred in dismissing the Plaintiffs' claim.

(3.) I have heard learned Counsel for the Appellant and perused the entire record carefully.